The Review’s final report contained 45 proposals, including 19 which suggested variations or amendments to the CR Code in some form.
In in July 2023, the Office of the Australian Information Commissioner (OAIC) invited ARCA, as CR Code developer, to submit an application to vary the CR Code to give effect to the proposals from the Review. We intend to submit an application in response in December 2023.
The consultation process
For the purposes of preparing our application to the OAIC, we are now seeking public feedback on potential variations to the CR Code. This follows earlier consultation with interested stakeholders.
We have released:
a draft of CR Code containing the proposed variations (the Consultation CR Code) for public feedback for a minimum of 28 days, consistent with the requirements of section 26Q of the Privacy Act.
a Consultation Document explaining the Consultation CR Code, the relevant proposals and the earlier feedback we receive and the rationale for our proposed variations
Consistent with Proposal 4 from the Review, Consultation CR Code uses the template for legislative instruments prepared by the Office of Parliamentary Counsel. This has resulted in numerous minor changes, none of which are intended to affect how the CR Code operates. As a result, ARCA has also released:
A version of the Consultation CR Code which includes all changes other that those linked to Proposal 4 (the Classic Template Version). The Classic Template Version is intended to make it easier for stakeholders familiar with the CR Code to identify the substantive changes being proposed. There may be numbering and formatting inconsistencies within the Classic Template Version.
A document tracking any changes in numbering from the CR Code to the Consultation CR Code (the Comparison Table).
ARCA welcomes any comments stakeholders may wish to provide. We would appreciate any written comments by Thursday 16 November 2023. If you have any questions or feedback about the CR Code or ARCA’s process, please contact [email protected].